As the Court framed the issues, this case concerned: (a) whether refiners may be held liable for underground storage tank leaks or spills at sites they do not own (it held they could not), (b) what causes of action and statutes of limitation and repose apply to leaks or spills that contaminate drinking water under
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Media Network, Inc. v. Mullen Advertising, Inc., 2006 NCBC 7 (N.C. Super. Ct. May 24, 2006)(Diaz)
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The Court refused to allow the defendant to amend its answer to add counterclaims. It found that the defendant had known of the facts relating to the counterclaim for nearly a year before seeking leave to amend, and that defendant had unduly delayed in seeking an amendment. It found that the plaintiff would be prejudiced…
Long v. Hammond, 2002 NCBC 5 (N.C. Super. Ct. July 22, 2002)(Tennille), aff’d, 164 N.C. App. 486, 596 S.E.2d 839 (2004)
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The issue here was whether a union’s health and welfare trust fund was a "multiple employer welfare arrangement" (a "MEWA") which was important for purposes of ERISA preemption. If the fund was a MEWA, it was subject to regulation by the State of North Carolina. If it was not a MEWA, it was subject to…
Gaynoe v. First Union Direct Bank, 2001 NCBC 1 (N.C. Super. Ct. Jan. 18, 2001)(Tennille), aff’d, 153 N.C. App. 750, 571 S.E.2d 24 (2002), disc. rev. denied, 356 N.C. 671, 577 S.E.2d 118 (2003)
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The issuance of a credit card to plaintiff was an offer to extend to him an open line of credit. The plaintiff’s acceptance of that offer subjected him to the terms of the credit card agreement, which permitted the issuer to amend, modify, or terminate the credit terms. The annual fee paid was not consideration…
Biemann and Rowell Co. v. The Donohoe Companies, Inc., 2000 NCBC 8 (N.C. Super. Ct. )(Tennille), aff’d, 147 N.C. App. 239, 556 S.E.2d 1 (2001)
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Defendant, a general contractor, served as project expediter on a major construction project. Plaintiff, another co-prime contractor on the job, claimed that defendant was responsible for damages it had incurred because the project was delayed. Following a trial, the Court found the plaintiff had not proven the essential elements of a delay claim, which are…
Massey v. City of Charlotte, 2000 NCBC 5 (N.C. Super. Ct. Apr. 17, 2000)(Tennille), rev’d, 145 N.C. App. 345, 550 S.E.2d 838, cert. denied, 354 N.C. 219, 554 S.E.2d 342 (2001)
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The Court discusses a variety of approachs to zoning, including contract zoning, spot zoning, single purpose zoning, conditional zoning, and conditional use district zoning. Due process requirements are discussed as well. The Court determines that the City of Charlotte’s system of conditional use zoning violated the applicable statute because it did not require the issuance…
Lupton v. Blue Cross and Blue Shield of North Carolina, 1993 NCBC 4 (N.C. Super. Ct. June 14, 1999)(Tennille), aff’d, 139 N.C.App. 421, 533 S.E.2d 270, disc. rev. denied, 353 N.C. 266, 546 S.E.2d 105 (2000)
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Plaintiffs’ claims against a health insurer for charging excessive rates were barred by the filed rate doctrine. The filed rate doctrine exists to prevent courts from intruding on the authority vested in administrative agencies by the legislature.
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Wilson Realty & Construction, Inc. v. Asheboro-Randolph Board of Realtors, Inc., 1997 NCBC 1 (N.C. Super. Ct. Sept. 30, 1997)(Tennille), aff’d in part, rev’d in part, and remanded, 134 N.C.App. 468, 518 S.E.2d 28 (1999)
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This case involved the Business Court’s review of the disciplinary procedures of a voluntary membership organization (the Asheboro-Randolph Realtors Association). The Court found that some procedural due process was necessary before a member could be expelled (relying on precedent of the North Carolina Court of Appeals), and determined that plaintiff had been given fundamental due…